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  1. #1

    Default Revocation of Probation

    My question involves criminal law for the state of: Georgia. I was arrested roughly 3 years ago for disruption of a public school (very long story) which is a misdemeanor and am currently on probation for the offense. This is my first offense. I failed out of a pre-trial diversion program already, and have spent 12 days in jail as part of my probation. I currently am roughly 10 hours short of my required community service for probation, and am scheduled for court for a revocation hearing on the 18th of January. My probation ends on February 1st. My question is can the judge revoke my probation and impose the original sentence he wanted to (60 days of jail), or am I just going to be required to serve out the remainder (12 days) of it in jail? Hopefully it's not just up to the judge; I'm trying to get things in order before I go in and would like to know which way I'm more likey to go.

  2. #2
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Revocation of Probation

    If it was a misdemeanor charge, why did you get almost 3 years of probation? Yes, it's pretty much just up to the judge. Your attorney, the prosecutor and your PO can all make requests/recommendations but in the end it is at the sole discretion of the judge...within the sentencing guidelines of your charge. IF he gives you the 60 days, I would hope you'd get credit for the 12 already served.

    There is no way to tell which way it would go. It could come down to whether your sentencing judge has a bad headache or not that day, not that that reason would be the one he gives but...you get the point. Prepare for the best but expect the worst...then no surprises.

  3. #3
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Revocation of Probation

    You could easily get in 10 hours of community service in the next 5 days if you really wanted to do so.

  4. #4

    Default Re: Revocation of Probation

    To the first reply: That's kinda what I was afraid of. Guess it's just cross my fingers and hope for the best. And it wasn't 3 years of probation; it was 3 years of court before they finally sentenced me. The probation itself was only 12 months. I guess they were having issues with getting their witness to show up because they kept postponing because the "proseuction wasn't ready" each time until finally they got it together.

    And to the second reply: You bet your butt I'm trying to get those hours in . My problem is that I live in Georgia where all this snow/ice just happened, so the few community service places that are approved for probation have been either closed, full up, or closing early.

    I've actually just found something. I'm not a expert in law by any means at all, but this sort of sounds like he either HAS to give me the remaining balance of my probation (Court: January 18th, 2011 ; Probation ends: February 1st, 2011) or make me do some alternative to confinement.
    http://law.justia.com/georgia/codes/...e-2/42-8-34-1/

    Since the only "special condition of probation" I actually had was that I had to report all prescriptions to my probation company, and I did not violate that. Another note, my probation officer is also including the fact I haven't paid everything as a reason, but it's a $43.00 payment that I already have the money order for. That page says that if it's a general condition that is violated, and I don't meet the criteria for alternatives to confinement (I.E. bad-headahce judge) he can either have me serve the remaining balance of 12days, or sentence me to anything he wants under 2 years, but he has to pick that which is less? That's what I got from it, but this is the first time I have actually looked into law.

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